Defendant's family testifies in 2011 Magalia shooting death retrial

OROVILLE — The mother and brother of a Magalia man being retried for allegedly killing his father testified Friday.

The family of defendant Christopher James McCarty testified in Butte County Superior Court about what happened before and after the shooting that killed McCarty's father, Michael, at the family's Some Way residence on Aug. 10, 2011. Michael McCarty was killed by a single gunshot near his right eye.

This is McCarty's second trial on a murder charge for his father's death. The first trial ended in mistrial Oct. 15.

The defendant's mother, Patricia McCarty, told the jury she had been on the phone with her ex-husband when he said, "What are you doing? Where are you going with that?" She said she didn't know who he was talking to.

The phone line died after that.

She called back twice and reached her son, Daniel. She heard back from him later that Michael McCarty was dead.

Patricia McCarty asked her neighbor, Amber Stromsoe, to drive her to the Some Way house. Under questioning by deputy district attorney Dan Nelson, she denied telling Stromsoe about an argument between the defendant and his father. She said she told Stromsoe she hoped nothing had happened.

On arrival, she saw Daniel McCarty grab the defendant and ask "What happened to dad?" Christopher McCarty said nothing.

Daniel McCarty said he didn't recall asking his brother about what happened. He said he was concerned about keeping his sister's son away from the scene.

Stromsoe testified she drove Patricia McCarty to the house. She said Patricia McCarty told her the defendant and his father had been arguing about borrowing a vehicle. While they were in the vehicle, Daniel McCarty called with the news.

Upon arrival at the house, Stromsoe saw Christopher McCarty on the side of the house. He was motionless, with his face down. She saw Daniel McCarty physically attack and ask his brother "What did you do? What happened to dad?"

A neighbor separated the brothers. Christopher McCarty didn't say anything until police arrived, according to Stromsoe.

Both Patricia McCarty and Stromsoe were questioned about an encounter that happened during the previous trial. Both witnesses had been ordered not to discuss the case with others, including fellow witnesses.

Stromsoe said an encounter took place outside the courtroom where Patricia McCarty reportedly asked her to say that Patricia McCarty called Daniel McCarty. Stromsoe told her that her memory of events was different.

Stromsoe also had police reports and provided them upon request to Patricia McCarty.

Under questioning by defense attorney Robert Marshall, Patricia McCarty denied asking Stromsoe to testify a certain way or untruthfully. She said Stromsoe approached her regarding the police reports. Patricia McCarty said she was upset with how events were depicted, but didn't vocalize her concerns.